[Federal Register: December 11, 2003 (Volume 68, Number 238)]
[Rules and Regulations]
[Page 69049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de03-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 021212307-3037-02; I.D. 120403B]
Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod
by Catcher/Processor Vessels Using Hook-and-line Gear in the Bering Sea
and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher/processor vessels using hook-and-line gear in the Bering Sea
and Aleutian Islands management area (BSAI). This action is necessary
to prevent exceeding the 2003 total allowable catch (TAC) of Pacific
cod allocated for catcher/processor vessels using hook-and-line gear in
this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 9,
2003, until 2400 hrs, A.l.t., December 31, 2003.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for the Groundfish
Fishery of the Bering Sea and Aleutian Islands Area (FMP) prepared by
the North Pacific Fishery Management Council under authority of the
Magnuson-Stevens Fishery Conservation and Management Act. Regulations
governing fishing by U.S. vessels in accordance with the FMP appear at
subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2003 Pacific cod TAC allocated to catcher/processor vessels
using hook-and-line gear in the BSAI was 77,911 metric tons (mt), as
established by the final 2003 harvest specifications for groundfish of
the BSAI (68 FR 9924, March 3, 2003). The Pacific cod TAC allocation to
catcher processor vessels using hook-and-line gear was revised on
October 17, 2003 (68 FR 59748), on December 2, 2003 (68 FR 67379), and
again in a document published elsewhere in this issue, resulting in a
directed fishing allowance of 93,843 mt. See Sec. 679.20(c)(3)(iii),
Sec. 679.20(c)(5), and Sec. 679.20(a)(7)(i)(A) and (C).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2003 Pacific cod TAC allocated as a directed fishing allowance to
catcher/processor vessels using hook-and-line gear in the BSAI will
soon be reached. Consequently, NMFS is prohibiting directed fishing for
Pacific cod by catcher/processor vessels using hook-and-line gear in
the BSAI.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is contrary to the
public interest. This requirement is contrary to the public interest as
it would delay the closure of the fishery, lead to exceeding the 2003
Pacific cod TAC allocated as a directed fishing allowance allocated to
catcher/processor vessels in the BSAI, and therefore reduce the
public's ability to use and enjoy the fishery resource.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 8, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-30716 Filed 12-8-03; 3:17 pm]
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